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Terms + Privacy Policy

Privacy Policy

Last Updated and Effective: 1 November 2023

  1. INTRODUCTION

We at Karem Hotel Lessee LLC and AJMC LLC (“Hotel”, “we“, “us“, and “our“) are strongly committed to transparency, and we want you (“you” and “your”) to understand our data privacy practices. Karem Hotel Lessee LLC is the leaseholder of Hotel 1928 and AJMC LLC, acting as a service provider to Karem Hotel Lessee LLC, is the manager and operator of Hotel 1928.

This Privacy Policy explains how we collect, use, and disclose any personal information that we may hold about visitors to our website, our customers, our business contacts and other third parties with whom we may interact from time to time. It also explains your rights and choices regarding your personal information, and how you can reach us if you have any questions. This Privacy Policy applies to the personal information we obtain when you interact or communicate with us, whether online and offline, including when you: access or use our websites (www.hotel1928.com), mobile applications, or any other applications or services that link to this Privacy Policy; purchase or use our products, services, or features; engage with us on social media; interact with our advertising or marketing materials; or participate in any of our programs or events. This Privacy Policy also applies to individuals who apply for a position with us. Our “Services”, as such term is used in this Privacy Policy, include our website, products, features, and services, including the services offered at Hotel 1928. For certain products, services, and features, there may be additional notices about our practices and this Privacy Policy supplements any other privacy policies provided or communicated to you. Please read those additional privacy disclosures to understand how they apply to you.

By using our Services, you acknowledge the terms of this Privacy Policy. If you do not understand the terms of this Privacy Notice, please do not use our Services. If you have questions about this Privacy Notice, please contact us before using, or continuing to use, our Services. Our Services may include links to websites and/or applications operated and maintained by third parties. We have no control over the privacy practices of websites or applications that we do not own. We encourage you to review the privacy practices of those third parties.

We reserve the right to change this Privacy Policy from time to time by posting the changes here. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access this website, make a reservation with us, use our Services, or purchase any other Product or otherwise interact with us, so that you stay informed about our information practices and the choices available to you with respect to your privacy. Where you are providing information on behalf of another individual, such as a fellow traveler, you represent and warrant that you have drawn their attention to this Privacy Policy and, where required, obtained their consent.

  1. COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We collect two basic types of information from you when you provide it to us and when you use or interact with our Services or through our advertising and media across the Internet: personal information and non-personal information. Personal information includes all information that relates to you or which are opinions about you personally and either identifies or may be used to identify you personally (collectively, “personal information”).

When you use our Services or other booking facilities provided by our third-party booking partners, or otherwise contact us to book a room or a meal with us, open an account, or sign-up for one of our amenities, we ask you to provide certain personal information, such as your name, postal address, room preferences, company name (if traveling on business), phone number, email address, the size and makeup of your party (including how many adults and children), your preferred currency for payment, your check-in/check-out dates, the location of the hotel at which you intend to stay and your payment information.

When you stay with us or visit the Hotel, use any of our amenities, or visit our restaurant, we may collect the above information on your arrival, as well as other information relating to your visit, such as access times and requirements, your preferences, choices and purchases and other information that you may choose to provide to us. The purpose of your visit may also reveal certain other personal information, such as if you celebrate a birthday or anniversary with us and choose to let us know so we can celebrate with you or make your trip extra special.

We also collect personal information when you subscribe to our monthly newsletter online, fill out other online forms, make an online purchase, enter one of our promotions or competitions, communicate with us via third party social media or travel review sites, request customer support, or otherwise communicate with us through our website.

If you are one of our contacts at one of our business partners, you or your organization may also provide certain of your personal information so that we can administer our relationship, such as your business contact details to discuss your or our requirements. Some of this personal information may also be collected from public sources, such as your/your organization’s website.

We may provide you with the opportunity to participate in contests and sweepstakes, some of which might be sponsored or conducted by a third party. Participation in these contests and sweepstakes is completely voluntary. If you choose to participate, you will provide certain personal information to us. If there is a third-party sponsor involved in the contest or sweepstake, we may provide personal information to the third party sponsor. Please review the sponsor’s privacy policy and be aware that any contests or sweepstakes offered by use may be governed by specific rules and terms and conditions that are separate from and in addition to this Privacy Policy. By participating in any contest or sweepstakes, you will become subject to those rules, including but not limited to receiving emails containing survey communications.

We also collect certain sensitive personal information, including physical or mental health, precise geolocation, and racial/ethnic background. We will only ever process this information in very limited circumstances, such as set out below. Please know that we take our responsibilities in relation to such sensitive data very seriously and will only retain it for as long as strictly necessary and then delete such information.

  • Where you choose to spend a special day or religious festival with us and you choose to let us know or it is the purpose of your booking (such as where you are celebrating your wedding with us);
  • Where you are unable to make a reservation or meeting with us because you or another person is unwell and you choose to let us know or it is necessary for us to process a booking cancellation;
  • Where we want to make sure that you’re comfortable during your stay or visit and you need us to make certain adjustments or be aware of a certain physical condition or allergy, and you choose to let us know;
  • Where we believe you may have committed a crime, such as fraud, or breached our terms of service and we need to provide that information to law enforcement or use it to establish, exercise or defend a legal claim;
  • In times of a health crisis, epidemic or pandemic, such as during the Covid-19 pandemic, and you visit our Hotel or attend a meeting with our staff and later feel unwell, we may ask you to let us know so that we can make sure our staff and/or customers are aware or take any steps we are required to as part of any “track and trace” system;
  • If you are connected with a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim, and that reveals certain information or you otherwise choose to let us know; or
  • Where you are one of our business contacts and you may be away from the office or your role for any reasons analogous to the above.

INFORMATION ABOUT YOUR USE OF THE SERVICES

Usage Information

We collect personal information about your use of our Services, such as the search terms you enter, the pages you visit within our website, and the links you click on.

Automatically Collected Information

When you access or use our Services, we may automatically collect personal information about you, including:

  • Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. For more details, please see “Your Choices” below.
  • Information Collected by Cookies and Other Tracking Technologies: Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies and how to enable or disable them, please see “Your Choices” below.

INFORMATION WE COLLECT FROM OTHER SOURCES

We may obtain personal information from other sources, such as our partners or third party service providers, or from our offline interactions and combine that with information we collect through our Services. For example, we may collect personal information about you through other means, such as from third parties such as travel agencies, and combine that information with information we hold.

Where you leave reviews for us on public websites, such as TripAdvisor or similar websites, we may also collect certain personal information about your stay to help us improve our services for you and other customers.

Public information

We may also process certain personal information where you have made such personal information public (such as through social media or business contact information sites).

Photos and other media

Where we have your permission to do so, we may also use images or videos of you in our marketing campaigns and on our website, so that your experiences can inspire other customers to join us.

Children’s Privacy

You must be over 18 to access and use our Website or make a Transaction (as defined in our Terms of Service). We do not intentionally collect or retain any personal information relating to children or individuals under 13, however, there may be occasions where the person with parental responsibility provides us with personal information relating to a child. For example, if you are a family with children under 13 and take a vacation with us, certain information you provide during your stay may relate to those children, such as their name, dietary preferences or age so we can make sure their stay is just as inspiring as yours. We will only process such information where we have parental consent or another legal basis to do so.

We seek to uphold data minimization principles and only collect personal information from you for the purposes described in this Privacy Policy. To see all of the categories of personal information we collect see California Privacy Law Appendix below.

Non-personal information includes information that does not personally identify you or information that has been anonymized (collectively, “non-personal information”). When we combine non-personal information with personal information, we treat the combined information as personal information.

You can always refuse to provide your personal information, but some personal information is necessary to provide our Services.

  1. USE OF INFORMATION

We use the personal information we collect to support core business functions, including to provide, maintain, and improve our Services and Website, but we may also use your personal information to do any or all of the following:

  • Facilitate your interactions with us, such as requests for support or additional Services;
  • Administer our relationship with you, including creating and managing your account;
  • Develop new products, features, and services;
  • Fulfil your booking with us or another hotel in our collection, fulfill another Transaction (as defined in the Terms of Service) you have made with us ;
  • Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and requests and provide customer service, including where you have purchased a Product (as defined in our Terms of Service);
  • Where we have you consent to do so or we otherwise have the right to do so, communicate with you about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information we think will be of interest to you;
  • Conduct website analytics, monitor and analyze trends, usage and activities in connection with our Website and Services;
  • Develop and manage relationships with our business partners;
  • Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect our and/or others’ rights and property;
  • Defend, protect, or enforce our rights or applicable terms of service or to fulfill our legal or contractual obligations;
  • Manage any dispute and accidents and take legal or other professional advice;
  • Ensure our systems and premises are secure;
  • Assist in the event of an emergency;
  • Personalize and improve the Services and provide and improve our advertisements, content or features that match user profiles or interests;
  • Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
  • Link or combine with information we get from others to help understand your needs and provide you with better service;
  • Respond to legally binding requests from law enforcement, regulatory authorities, or other third parties;
  • Comply with applicable law; and
  • Carry out any other purpose described to you at the time the information was collected or reasonably notified to you or any other purpose with your consent.

If you apply for a position with us, we will use your personal information as necessary to determine your fitness for the position applied for, to make any relevant adjustments during the recruitment process and for equal opportunities monitoring, as well as the purposes listed above.

We may use personal information to create non-personal information. We may use non-personal information for any legitimate business purpose.

  1. SHARING OF INFORMATION

We do not sell personal information and we do not share personal information with third parties for cross-context behavioral advertising purposes.

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, including the uses described in the Use of Information section;
  • With third parties where you have selected to purchase a third party product so that they can fulfil your purchase (including as set out in our Terms of Service);
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect our and/or others’ rights, property and safety;
  • Between and among us and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
  • With your consent or at your direction.

We may share personal information with law enforcement and regulatory authorities or other third parties as required or permitted by law for the purpose of:

  • responding to a subpoena, court order, or other legal processes;
  • defending, protecting, or enforcing our rights;
  • assisting in the event of an emergency; and
  • complying with applicable law.

In accordance with applicable law, we may also transfer or assign personal information to third parties as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. If we are involved in defending a legal claim, we may disclose personal information about you that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.

To see all of the categories of personal information we share see California Privacy Law Appendix below.

We share non-personal information with third parties as reasonably necessary to meet our business needs.

  1. SOCIAL SHARING FEATURES

Our Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Website with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. Where a social media provider may carry out these processes, that provider shall also be considered a controller of your personal information. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

  1. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.

Where a social media provider may carry out these processes, that provider shall also be considered a controller of your personal information and will be able to tell you more about how they use and process personal information. We therefore ask that you review their privacy policies and your privacy settings on such sites for further information and controls as to how to opt-out of such marketing.

For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

  1. DATA RETENTION

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. In many situations, we must retain all, or a portion, of your personal information to comply with our legal obligations; resolve disputes; enforce our agreements; protect against fraudulent, deceptive, or illegal activity; or for another one of our business purposes, such as for auditing, accounting, or tax purposes. Once we no longer have a legal basis to hold it, we will anonymize or delete it.

  1. PROFILING

We may collate and analyze personal information in order to create customer profiles and to assess and improve our Website and Services. If you wish to opt-out of such profiling, please contact us on the details at Section 12. We do not carry out any automated decision making or profiling that may produce legal effects or that may significantly affect you.

  1. EUROPE

This section only applies if you are a resident of the United Kingdom, a member state of the European Union, or the European Economic Area.

For the purposes of the Data Protection Legislation (defined below), AJMC LLC and Karem Hotel Lessee LLC, registered number 59014655901465, address 429 Chestnut Street, Nashville, TN 37203 will be the “controllers” of your personal data with respect to Hotel 1928 where you stay at, visit, or otherwise interact with and with which you or your organization may have a contract .

For the purposes of this Privacy Policy, “Data Protection Legislation” means the laws applicable from time to time that relate to the processing of personal data and/or privacy, including without limitation, the UK Data Protection Act 2018 and the UK GDPR in each case as in force as at the date of this Policy, or as re-enacted, applied, amended, superseded, repealed or consolidated, and including any legally binding regulations, direction, and orders issued from time to time under or in connection with the relevant legislation, and as applied and amended from time to time. “UK GDPR” means the EU GDPR as implemented in UK law following the UK’s departure from the EU (as defined in the Data Protection, Privacy and Electronic Communications (Amendments, etc.) (EU Exit) Regulations 2019/419) and “EU GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679).

Special categorIES data

Under Data Protection Legislation we have greater obligations regarding the processing of special categories of data and criminal offence data. “Special category” data broadly means any information relating to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health or condition, sex life, sexual orientation and biometric information. We will only ever process this information in very limited circumstances as described above in the COLLECTION OF INFORMATION section.

LEGAL BASES FOR PROCESSING

We will process your personal data on the following legal bases under Data Protection Legislation:

  • Where processing such information is in our or a third party’s legitimate interests and they are not overridden by your interests – for example, to communicate with you about changes to our Services, and to provide, secure, or improve our Website or Services;
  • Where it is necessary for the performance of our contract with you or to take steps requested by you prior to entering into a contract – for example, to process payments for and fulfill a booking or Transaction (as defined in our Terms of Service) you make, provide services you have requested or to respond to your enquiries prior to making such a booking;
  • Where it is necessary for us to comply with our own legal obligations – for example, if you have an accident at our hotel and we need to maintain a record in accordance with health and safety laws;
  • Where it is necessary to protect your or another person’s vital interests – for example if you fall ill at our hotel and we need to provide your allergen information to a healthcare professional;
  • Where it is necessary in connection with the performance of a task we are carrying out in the public interest – for example, in connection with any “test and trace” in connection with the COVID-19 pandemic; and
  • Where we otherwise have your consent to do so – such as where you have subscribed to our marketing.

In the limited circumstances where we might process special category personal data, we will only do so where:

  • You have given us your consent to do so – such as where you have chosen to let us know or ask us to help you making a personal or religious celebration more special;
  • Where necessary for us to carry out our obligations in connection with the employment of our staff – such as to ensure that they have a safe and positive working environment and to process their benefits and pensions arrangements (including in connection with their next of kin);
  • Where it is necessary to protect your or another person’s vital interests and you are unable to provide your consent – such as set out above;
  • Where you have manifestly made that information public – such as if you are a public member of a religious or political group;
  • Where we need to do so in connection with establishing, exercising or defending a legal claim – such as where we consider you are in breach of the terms of your contract with us;
  • Where it is necessary for reasons of public interest in the area of public health – such as in connection with the Covid-19 pandemic.

We may also process your criminal offence data where it is in our legitimate interests and we need to do so for the prevention or detection of unlawful acts, fraud, terrorist financing or money laundering, to protect your or another’s vital interests, or in connection with a legal claim – such as where we suspect that you may have committed fraud or a crime against us, our staff or another customer.

TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES

The nature of our business means that we and our service providers will process and store your personal data in the UK, the U.S. and Canada. Where we do transfer personal data from our systems in the UK to our systems or third parties located outside the UK, we will only do so in accordance with Data Protection Legislation and where one of the following applies (in each case according to which Data Protection Legislation might apply in the relevant situation):

  • UK Data Protection Legislation (including the UK GDPR and the UK Data Protection Act 2018) applies and the transfer is to a country which has been assessed by the UK Government as ensuring an adequate level of protection for personal data; or
  • a written agreement has been entered into between the relevant parties which incorporates the “model clauses” as approved by the European Commission (or some other form of data transfer mechanism approved by the UK Government) to protect your personal data as required by Data Protection Legislation. A copy of the model clauses can be found on the European Commission website or at the link here.

QUESTIONS OR COMPLAINTS

If you have a question or concern about our processing of personal data we ask that you contact us on the details below. However, if we are not able to resolve your concern, you have the right to lodge a complaint with the UK data privacy authority, the Information Commissioner’s Office.

  1. YOUR CHOICES

DATA SUBJECT RIGHTS

The following rights and choices are available to you, but some exceptions may apply based on our reason for processing your personal information and the local data privacy laws in your jurisdiction. Depending upon the relevant jurisdiction, you may have the following rights:

  • the right of access and information, rectification or correction, update, completeness of your data;
  • the right to erasure or deletion (i.e., “right to be forgotten”) of your personal information, including when it is inaccurate, incomplete, ambiguous, out of date, or where the collection, use, communication, or conservation is prohibited;
  • the right to withdraw your consent at any time;
  • the right to limit the processing of your data;
  • the right to object to the processing of your data;
  • the right to the portability of the data you have provided to us, when your data is subject to automated processing based on your consent or on a contract;
  • the right not to be the subject of a decision based exclusively on automated processing (no such decision-making is currently applied by us); and
  • the right to define the fate of your data in the event of your death and to choose whether or not we communicate your data to a third party that you have previously designated. In the event of your death and in the absence of instructions from you, we undertake to destroy your data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.

In addition to the above, you also have the right to not receive discriminatory treatment for exercising your privacy rights.

You can exercise your rights by contacting us using the information provided below.

To help us comply with our obligations, please do ensure that any personal information you provide us with is accurate and complete and notify us of any changes to your personal information as soon as possible so that we can update our records.

ACCOUNT INFORMATION

You may update, correct or delete your account information at any time by logging into your online account, by contacting us according to the details at section 14. If you wish to delete or deactivate your account, please email us but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

COOKIES

Like many websites and apps, we and our third party partners and service providers use tracking technologies, including “cookies” which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions, including how you use the website. We use this information for analytics purposes which allows us to improve your browsing experience as well as to help us maintain the security of our websites and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. The information we collect through these technologies will also be used to manage your session. We use both 1st and 3rd party cookies and other tracking technologies on our Website. We will only store any such cookies on your web browser if (i) they are strictly necessary for the functioning of our Website, or (ii) you have provided your consent for us to do so. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies.

If you choose to remove or reject cookies, this could affect the availability and functionality of our Services. Our Services do not currently change the way they operate upon detection of a Do Not Track or similar signal.

PROMOTIONAL COMMUNICATIONS

You may withdraw your consent to or opt out of receiving promotional emails or text messages from us by following the instructions in those emails or text messages or contacting us on the details at section 15. If you opt out, we may still send you administrative or non-promotional emails such as those about an ongoing booking or other Transaction (as defined in our Terms of Service), your account or our ongoing business relations.

  1. SAFEGUARDING INFORMATION

We are dedicated to ensuring the security of your personal information. We use physical, electronic, and administrative security measures appropriate to the risks and sensitivity of the personal information we collect. Personal information is maintained on our servers or those of our service providers, and is accessible by authorized employees, representatives, and agents as necessary for the purposes described in this Privacy Policy. We aim to provide secure transmission of your personal information from your devices to our servers. We have processes to store personal information that we have collected in secure operating environments. Our security procedures mean that we may occasionally request proof of identity before we disclose your personal information to you. While we attempt to protect your personal information in our possession, no method of transmission over the internet or security system is perfect, and we cannot promise that information about you will remain secure in all circumstances. If you suspect an unauthorized use or security breach of your personal information, please contact us immediately.

For your convenience, some of our Services include functionality that allows you to remain logged in so that you do not have to re-enter your password each time you want to access your account. If you choose to remain logged in, you should be aware that anyone with access to your device will be able to access and make changes to your account and may be able to access our Services through your account. Accordingly, we strongly recommend that you take appropriate steps (such as enabling the “Passcode Lock” security feature on your mobile device) to protect against unauthorized access to, and use, of your account. Please also contact us as soon as possible if you suspect any unauthorized use of your account or password.

  1. CALIFORNIA PRIVACY RIGHTS

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at: 133 N Jefferson Street 4th Floor, Chicago, IL 60661 or

  1. CONTACT INFORMATION

We welcome requests, questions, comments, and feedback on this Privacy Policy and our management of personal information. If you have requests, questions, concerns, or feedback, you can always contact us in the following ways. For your protection, we may need to verify your identity before assisting with your request, such as verifying that the information used to contact us matches the information that we have on file.

 

Email info@hotel1928.com
Mail 429 Chestnut Street, Nashville, TN 37203, USA

 

Submitting a Privacy Request

You can submit a request under the Your Choices section by:

Verification Process and Required Information

Some of the requests under the Your Choices section must be verified to confirm the request came from you. We may contact you by phone or e-mail to verify your request. This process may require us to request additional personal information from you, including, but not limited to, your email address, mailing address, account name, and/or date of last interaction with us. In certain circumstances, we may decline a request to exercise a privacy right, particularly where we are unable to verify your identity.

Responding to Requests

Once you have submitted your request, we will respond within the time frame permitted by the applicable law. We may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.

Appealing Requests

You may appeal our decision to your request regarding your personal information. To do so, please contact us in any of the ways listed above. We respond to all appeal requests as soon as we reasonably can, and no later than legally required. Click here to review our appeals process.

Authorized Agent

You may designate an authorized agent to submit a request on your behalf. To designate an authorized agent, you must (1) verify your own identity directly with us; and (2) provide the authorized agent with written documentation of their authority to act on your behalf, such as: (a) a power of attorney; or (b) sufficient evidence to show that you have provided the authorized agent signed permission to act on your behalf and directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

 

 

California Privacy Law Appendix

This appendix seeks to provide additional information to residents of California and supplements the information provided in the Privacy Policy. As discussed above in further detail, we do not sell or share personal information as these terms are defined under California privacy law.

To learn more about the categories of personal information we collect, how we collect it, why it is collected, with whom we share it, and how long we retain it, please see the items below. Please see the instructions provided above in order to submit a privacy right request.

Identifiers

  • What we collect

Name, mailing address, email address, phone number, and other contact information. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Protected classification characteristics under California or federal law

  • What we collect

Age, gender, and racial/ethnic background. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Commercial information

  • What we collect

Transactional information such as the products or services purchased. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Biometric information

  • What we collect

Not collected.

  • How we collect it

N/A

  • Why we collect it

N/A

  • With whom we share it

N/A

  • How long we retain it

N/A

Internet or other similar network activity

  • What we collect

IP address, browser type and version, browser plug-in types and versions, operating system and platform, device type and device identifiers. For more information please see the Collection of Information section above.

  • How we collect it

Collected online when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Geolocation data

  • What we collect

Precise location data from your device and imprecise location data derived from IP addresses. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Sensory data (Audio, video, etc.)

  • What we collect

Audio/video from security systems deployed inside and outside our Hotel.

  • How we collect it

Collected offline when you directly provide it to us by going to our properties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Professional or employment-related information

  • What we collect

Company or organization (if traveling on business). If you are a job applicant, employment history and other employment-relating information. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Non-public education information

  • What we collect

If you are a job applicant, education history. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Inferences drawn from other personal information

  • What we collect

Information generated from your use of our Services reflecting your preferences.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Sensitive personal information

  • What we collect

Account log-in information, physical or mental health, precise geolocation, and racial/ethnic background. If you apply for a position with us, government identifiers, racial or ethnic origin, and union membership. For more information please see the Collection of Information section above.

  • How we collect it

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

  • Why we collect it

We collect this information for the purposes listed in the Use of Information section above. We do not use or disclose such information for purposes other than those specified in Section 7027(m) of the CCPA regulations.

  • With whom we share it

Shared with our affiliates, partners, vendors, and service providers as described in the Sharing of Information section above.

  • How long we retain it

We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the Use of Information section above.

Terms of Service and Booking Terms

Effective Date: 1 November 2023

Please read these Terms of Service (the “Terms”) carefully. The Terms will govern your use of the Site (as defined below) and any reservation you make to stay with us. By using the Site, making a reservation with us and/or ordering any other goods or services (as applicable), you agree to these Terms.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 20.2  TO READ AND REVIEW THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT ” BELOW. BY USING THE SITE OR MAKING A TRANSACTION AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

These Terms are between you and Karem Hotel Lessee LLC in connection with Hotel 1928 (“Company”, “we”, “us” or “our”) and apply to any reservation you make with us and your use of (including any access to) the Hotel 1928 website currently located at thehotel1928.com (together with any materials and services available on thehotel1928.com, the “Site”). Karem Hotel Lessee LLC is a Delaware limited liability company, with registered number 5901465. Our business address is 429 Chestnut Street, Nashville, TN  37203.

  1. ELIGIBILITY

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. The Site and the Products (as defined below) offered by the Site are not available to minors. If you are not eligible to use the Site under this or any other section of these Terms, you may not use the Site, make a reservation with us or order any other Product (as defined below). By doing so, you confirm that you are eighteen (18) years of age or older.

You also confirm that you are legally authorized to make any Transaction (as defined below), including in respect of any reservation, for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate Transactions (as defined below) and shall not use this Site for any other purposes, including without limitation, to make any speculative, false, or fraudulent reservations, or any reservation in anticipation of demand.

We reserve the right to cancel or modify any Transaction (as defined below), including in respect of any reservation, where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the Transaction (as defined below) contains or resulted from a mistake or error, or from an attempt to circumvent our or the hotel policies, terms, or conditions.

You understand that overuse or abuse of the reservation facilities of this Site may result in you being denied access to such facilities. Some rates have special eligibility requirements. It is your responsibility to verify that you qualify for the rate that you have booked. Our hotel staff are not obligated to honor rates if you do not qualify.

Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

  1. TRANSACTIONS

We may advertise “Products” (being, collectively, our goods (i.e., physical things you can move) or services or related coupons or discounts, including any reservations at our hotels and restaurants) that are available to order or book through the Site, when you visit us, or which we may inform you about when you call us. When you order any Product (each, a “Transaction”), our contract with you will be formed according to the following process.

2.1 PLACING YOUR ORDER

We will advise you of the cost of your Transaction at the time at which you place your order, including any applicable booking fees. You agree to pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred, including all shipping and handling charges.  You are responsible for any taxes applicable to your Transactions. Where relevant, we will inform you of any shipping costs and an estimation of the relevant delivery date at the time of your order.

If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and (where relevant) your shipping information. You confirm that you have the right to use any payment card that you submit in connection with a Transaction. By submitting , information to us, you grant us the right to provide the information to third parties for purposes of facilitating Transactions, such as to process your payment. Verification of information may be required prior to the acknowledgment, acceptance, or completion of any Transaction.

By making a Transaction, you confirm that the applicable Products will be used only in a lawful manner.

2.2 HOW WE WILL ACCEPT YOUR ORDER

Where you make a Transaction, our acceptance of the Transaction will take place when you receive email confirmation that your Transaction has been accepted (either from us or, if you book or place your order through a third party, from the third party), at which point the contract between us will become effective.

2.3 IF WE CANNOT ACCEPT YOUR ORDER

There may be some instances where we are unable to accept your order, such as where the subject of your reservation is no longer available, the relevant Product is now out of stock, we have identified a pricing or product description error, or you are in breach of these Terms (or any other agreement with us). We will inform you via email in the event that we are not able to accept your order as soon as possible.

2.4 PROCESSING PAYMENT

When you make a reservation to stay with us, we will take your payment details at the time of booking and then will require payment at check-in (or in respect of any of our restaurants, at the end of your meal), unless pre-payment is required in accordance with any specific booking or payment terms that are made available/notified to you when you seek to make a Transaction.

When you visit one of our restaurants, we will take payment at the end of your meal, unless you are staying with us, in which case we may, at our election, allow you to add the meal to your room’s account.

While staying with us, you may purchase items from the minibar located in your room, in which case we will add the value of such items to the account associated with your room according to the price list provided in your room. We will then take payment for such items at check-out.

When you order any other Product (e.g., our branded products), we will take payment at the point of order (if online) or sale (if in person).

  1. PRODUCTS AND RESERVATIONS

The Site may make available listings, descriptions, and images of the Products, as well as references and links to third party product.

3.1 OUR PRODUCTS

Please note that certain images, weights, measures, and similar descriptions that we provide in relation to our hotel (e.g., our rooms and common areas) and our other Products are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of our Products, including indicative rooms at our hotel and colors in which our goods are available, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

3.2 THIRD PARTY PRODUCTS

The availability through the Site of any listing, description or image of a third party product does not imply our endorsement of such product or affiliation with the provider of such product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Please note that where you may go on to purchase a third party product, your contract is with the relevant third party and you should review the third party’s relevant terms and conditions.

  1. SHIPPING

Where you have made a Transaction for a Product that needs to be shipped, the Product will be shipped to the address designated by you, so long as the address is valid, complete and complies with the shipping restrictions contained on the Site.

If shipping is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimize the delay, in which case, we will not be liable to you for the delay; however, if there is a significant delay, you may contact us to end the contract and receive a refund for any Products that you have not received. We will not be liable for any delay if you provide us with incorrect information.

All Transactions which require Products to be shipped are made pursuant to a shipment contract and, as a result, you are responsible for ensuring that you or someone acting on your behalf is present at your chosen address at the time of delivery that is provided to you and/or rearranging delivery with the shipping company. If you fail to re-arrange delivery, we reserve our rights to (i) charge you for any additional costs we incur to store your ordered Product and (ii) end your contract. Responsibility for any Product that is shipped passes to you upon delivery of the Product to your chosen address and you will own the Product once it is delivered to you.

  1. HOTEL RESERVATIONS

5.1 MAKING YOUR RESERVATION

When you make a reservation to stay with us, you agree to the conditions at the time of your reservation and for the duration of your stay.

(a) Each room may only be occupied by the number of adults and children advertised at the time of your reservation. If you are unsure about the occupancy of any room, you must ask us prior to making your reservation.

(b) If you have any accessibility requirements, you must provide these at the time of reservation so that we can confirm whether an appropriate room is available during your preferred dates. In some instances, we may not be able to accommodate your booking if you inform us of these requirements after we have accepted your reservation.

(c) Any minor must be accompanied by an adult over the age of eighteen (18). Please note that we may require you to provide a form of photo identification to prove your age at any time. If you are unable to do so, we reserve the right to terminate your reservation without a refund. Minors must not be left unattended on the premises at any time.

(d) Unless you have our prior written consent, you may not use our premises to conduct any commercial activities.

(e) You may only smoke in our designated smoking areas outside the hotel. You must not smoke in any other area, including anywhere inside the hotel.

(f) You may not bring onto our premises (i) any hazardous or otherwise potentially dangerous items, (ii) any cooking equipment, and (iii) any drugs or other illegal substances.

(g) You must not damage or interfere with any items that belong to us, our staff or our other customers. You must bring any such damage or interference promptly to our attention.

(h) You must not disturb any other customers or our staff,
including any noise disturbance.

(i) Except for guide dogs, assistance dogs and hearing dogs, unless you have our prior written consent, you may not bring any pets, insects or other animals into the hotel.

(j) You may only consume alcohol in public spaces on our premises that is purchased from the hotel’s restaurant or bar or that you request via room service.

You are responsible for all members of your reservation. If you or they breach any of the above terms, we may (i) terminate your reservation, (ii) (if applicable) subject to (5.1(c)) refund you for any unused portion of your reservation in accordance with our cancellation policy, (iii) retain any monies you have paid and/or apply an appropriate charge for any loss or costs we have incurred. You understand that such costs may involve (a) cleaning, repair, replacement and/or remedying any damage caused by your or another member of your booking’s action or omission, (b) the cost of any relevant room (at the relevant rate at the time) that it is unusable, (c) any payments (including refunds) that we are consequently required to pay to our other customers, and (d) our administration expenses.

We reserve our rights to take any further action and may require you to make immediate re-payment of any costs and/or losses we may incur, deduct any such costs and/or losses from any payment details we hold in connection with your reservation or instruct a third party to recover our reasonable costs. We will send an appropriate breakdown of any such costs to the address provided in connection with your reservation.

5.2 CHECK-IN AND CHECK OUT

At check-out you will be required to pay for any additional charges you have incurred during your stay, including (where applicable) any room service, minibar charges and meals in our restaurant for which you have not already paid. If charges you incur during your stay are not reflected at the time of check-out (for example, if you need to check-out very early in the morning and wish to pay the night before), we will deduct payment for these charges from the payment method you provided at booking within two days.

5.3 RELOCATION

If the type of room you have booked is unavailable (except where due to an event outside our reasonable control – see Section 23.9) on your arrival, we shall either:

(a) provide you with an alternative room of equivalent or greater value (for which no additional charge will be payable);

(b) arrange a reasonably equivalent room for you in a third party hotel and pay your reasonable costs of transport to that hotel and any reasonable additional cost of such room; or

(c) at your request or where, in our reasonable opinion, we are unable to find a suitable alternative, cancel your reservation and refund you any money you have already paid.

Please note that where we provide you with alternative accommodation, you shall have no right to receive a refund for any sums paid.

If you make one or more reservations to stay at our hotel for a period of twenty eight (28) concurrent days, we may require you to move rooms. If you refuse to do so, we may terminate your reservation and refund any sums you have paid for any unused portion of your reservation.

  1. YOUR RIGHT TO MAKE CHANGES

If you change your mind and wish to make a change to your Transaction, please contact us at info@hotel1928.com enclosing your confirmation / transaction number. We will let you know if the change is possible and any consequent changes, such as to the price or date and ask you to confirm whether you wish to proceed with the change. Please note that we reserve the right to charge a fee to amend any order.

If we are unable to make your requested change or the consequent changes are unacceptable to you, you may, to the extent you are permitted to do so, wish to end the contract (see Section 8).

  1. OUR RIGHT TO MAKE CHANGES

7.1 CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes to these Terms, we will notify you, such as by updating the “Effective Date” above and/or posting a notice on the Site. If you do not agree with the new version of these Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site or make any new Transaction. By continuing to use the Site or by making a Transaction after the Effective Date you confirm your acceptance of the revised version of these Terms.

7.2 CHANGES TO OUR SITE AND ADVERTISED PRODUCTS

We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Any information on our Site and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Subject to applicable law and Section 7.3 below, we reserve the right, including without prior notice, to limit the available quantity of, or discontinue making available, any Product; to impose conditions on the honoring of any offered coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product.

7.3 PRODUCTS SUBJECT TO AN ORDER

If you have not yet paid us in full for a Product and the applicable sales tax changes between the date of your order and date of payment, we reserve the right to adjust the sales tax that you pay.

Minor changes

If, in accordance with Section 2, we have already accepted your order and we have not fulfilled such order at the time of updating these Terms, we reserve the right to make certain minor adjustments to the Product and/or these Terms. These minor changes may include, by way of example, where we are required to do so by a change in applicable law or regulation or if we are renovating a certain part of the hotel. For example, we may need to update the room you have chosen in connection with a renovation or due to a change in health and safety law, or change or replace a Product you have ordered in connection with product liability regulation.

Substantive changes

In certain circumstances we may need to make more substantive changes to these Terms, your Product-specific terms and/or the Products you have ordered. If such a change is required, we will notify you of the relevant change and a reasonable period during which you can object to such change. If you notify us of your objection prior to the end of this period, you may elect to end the contract before the relevant changes take effect and receive a refund of any payments you have already made for any Transaction (or part thereof, as applicable) that has not been fulfilled.

  1. YOUR RIGHTS TO END THE CONTRACT

If you wish to end your contract, please contact us at info@hotel1928.com.

You have the statutory right to receive any Products you order in accordance with these Terms and the product-specific terms. If the Product you receive is materially different from its description on our Site, we have provided an inadequate service, or the Product is faulty, we may replace it (such as delivering a replacement or providing an alternative room) or you may be entitled to a refund. If you wish us to replace a faulty Product, you must return it to us (where applicable) at our cost.

8.1 PRODUCTS OTHER THAN RESERVATIONS

In some circumstances, you also have the right to change your mind within fourteen (14) days (a) for goods, from the day on which you receive the goods, or (b) for services (except in respect of fixed reservations), from the day on which we confirm acceptance of your order (unless we have already completed the services). If you notify us within this period, you may receive a refund (provided (where applicable) that you return any ordered good(s) to us at your cost). Please note that we may be able to retain some or all of the sums you have paid to us for your ordered good(s) to cover our reasonable costs. If you wish to cancel your order within this period (except in the case of a reservation – see below), please contact us on the email above.

8.2 RESERVATIONS

If you change your mind about a reservation, please see our cancellation policy as provided at check-out when you make your reservation and in your confirmation email.

  1. OUR RIGHTS TO END THE CONTRACT

We may end your contract by notifying you in writing if (a) you do not pay us when due, (b) you are in breach of these Terms or the product-specific terms, (c) where relevant, you do not, within a reasonable time, allow us (or our relevant shipping partner) to deliver your ordered Product, or (d) you do not show up at your chosen hotel on the first day of your reservation.

If we end the contract, we will refund you for any Products you have not received, however, we will be entitled to deduct reasonable compensation for the costs we have or will incur as a result. We reserve the right to impose a cancellation charge according to our cancellation policy as available at the time of booking and provided to you in your confirmation email where: (i) you do not arrive at your chosen hotel on the first day of your reservation or for your restaurant reservation within a reasonable period from the start time of your reservation (and we will cancel your reservation in each case); or (ii) you do not cancel your restaurant reservation on reasonable notice to us in advance.

We may also end the contract in limited circumstances where we have accepted your order and we have made an obvious pricing or Product error that could reasonably have been recognized by you as such. In such circumstances, we may end the contract, refund you any sums you have paid and (where applicable) require the return of any Products you have received.

  1. REFUNDS

Where you are entitled to a refund of some or all of the sums you have paid for any Product, we will refund such sums via your original payment method within fourteen (14) days of the date on which your Product is cancelled (subject to local regulations). Where you have paid using a voucher, we will refund you by issuing a new voucher of equivalent value.

  1. OUR USE OF YOUR PERSONAL DATA

Please refer to our Privacy Policy, located at www.hotel1928.com/privacy-policy (the “Privacy Policy”) for information about how we collect, use and disclose information about you.

  1. RULES OF CONDUCT ON OUR SITE

Unless you have received our express prior written consent, in connection with the Site, you must not:

(a) post, transmit, submit to, or otherwise make available through or in connection with the Site, any materials that are or may be: (a) illegal, threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;

(b) post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

(c) use the Site for any purpose that is fraudulent or otherwise tortious or unlawful;

(d) harvest or collect information about users of the Site;

(e) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;

(f) restrict or inhibit any other person from using the Site;

(g) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan,
timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein;

(h) reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;

(i) remove any copyright, trademark or other proprietary rights notice from the Site;

(j) develop any means or use any third-party means that interact with the Site, including any scripts designed to scrape or extract data from the Site;

(k) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service;

(l) systematically download and store Site content;

(m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice; or

(n) download or use any of the photography on the Site.

We reserve the right, in our discretion and at any time, to block or remove any content from the Site, suspend or discontinue any part of the Site, introduce new features or impose limits on certain features, or restrict access to parts or all of the Site.

  1. REGISTRATION; USER NAMES AND PASSWORDS

To access and use certain areas or features of the Site, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating an account, you understand that you may receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. Please see our Privacy Policy for information regarding marketing communications.

  1. OUR PROPRIETARY RIGHTS

We and our group companies own the Site, which is protected by proprietary rights and laws. Subject to your compliance with the Terms, and solely for so long as you are permitted by us to use the Site, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Site or Products; (b) copy, reproduce, distribute, publicly perform, or publicly display the Site, except as expressly permitted by us or our licensors; (c) modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Site other than for their intended purposes. Any use of the Services or the content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Our trade names, trademarks, trade dress and service marks include (but are not limited) to “Hotel 1928”, “Bertie’s on the Rooftop”, “The Brasserie at Hotel 1928”, “The Café at Hotel 1928”, and any associated logos (collectively, the “Hotel 1928 Marks”). All trade names, trademarks, trade dress, service marks and logos on the Site not owned by us are the property of their respective owners. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this Site without our written consent. This prohibition on use of the Hotel 1928 Marks includes, without limitation, use as meta tags, in domain names, and on other sites.

Our Site content (including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above) is our property, or the property of our content suppliers and vendors, and are protected by copyright laws. You may use this Site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Nothing contained on the Site should be construed as granting any right to use any copyrighted material, trade names, trademarks, service marks or logos without the express prior written consent of the owner.

  1. FEEDBACK

We encourage feedback from users on how we can further improve accessibility to our Site by emailing us at info@hotel1928.com. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site or any of our Products (“Feedback”), then you agree that your disclosure is gratuitous, unsolicited, non-confidential and without restriction. We are free to use Feedback without any acknowledgement or compensation to you. We will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without any restriction of any kind on account of intellectual property rights or otherwise. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

  1. THIRD PARTY MATERIALS; LINKS

Certain Site functionality may make available access to materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. When you access or use Third-Party Materials, you accept that there are risks in doing so, and that we are not responsible for such risks, regardless of whether or not we have a relationship with the entity offering such Third-Party Materials. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each Third-Party Site that you access or use. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in the Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

You acknowledge and agree that your interactions with such third parties are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions. Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of the providers of such Third-Party Materials).

  1. DISCLAIMER OF WARRANTIES

The Site and Third-Party Materials are made available to you “AS IS” without any warranties of any kind, whether express, implied, or statutory. We disclaim all warranties with respect to the Site and Third-Party Materials to the fullest extent permissible under applicable law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and that use of the Site will be uninterrupted or error-free. All disclaimers of any kind (including in this Section and elsewhere in the Terms) are made both on our behalf and on behalf of our affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the “Affiliated Entities”). Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion and limitations may not apply to you.

  1. LIMITATION OF LIABILITY

18.1 GENERAL

Nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by our negligence or any other matter that it would be illegal for
us to (or to attempt to) exclude or limit.

18.2 CONSUMERS

We and our Affiliated Entities will not be liable for any unforeseeable losses (being losses that we cannot foresee at the time of entering into the contract), business losses (for example your loss of profit, loss of business, business interruption or loss of business opportunity) or any losses caused by you or where you are at fault.

In respect of any reservation that you make to stay with us, and subject to the paragraph above, our maximum aggregate liability to you (including all members of your reservation) in respect of all damages, losses and causes of action that are not subject to a maximum sum under the Act, in accordance with Section 18.2, is subject to a cap of twice the average daily rate of your reservation.

Our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise in respect of your use of our Site, shall be the greater of $10.00 or the total amount, if any, paid by you to us to use the Site.

In respect of any Product that is not a reservation, our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise in respect of your use of such Product, shall be the greater of $10.00 or twice the total amount, if any, paid by you to us for the Product.

18.3 NON-CONSUMERS

To the fullest extent allowed by applicable law, we and our Affiliated Entities will not be liable for (a) damages for loss of profits, use, or data, revenue, income, profits, value of assets or securities, or other intangibles, even if advised in advance of the possibility of such damages or losses or (b) any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory.

Without limiting the foregoing, we will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products or Third Party Materials.

Your sole and exclusive remedy against us and our Affiliated Entities for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site and to end your contract with us.

Our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of $10.00 or the total amount, if any, paid by you to us to use the Site and for any Product.

  1. TERMINATION

The Terms are effective until terminated.

19.1 YOUR USE OF THE SITE

We may terminate or suspend your use of the Site at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Upon any such termination or suspension, your right to use the Site will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.

19.2 TRANSACTIONS

We may terminate or suspend any Transaction in accordance with Section 9 above.

19.3 SURVIVING TERMS

Sections which, by their nature, are intended to survive shall survive any expiration or termination of the Terms.

  1. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that these Terms, including this “Dispute Resolution Section”, affect interstate commerce and are governed by the Federal Arbitration Act.

This Dispute Resolution Section applies broadly to any dispute, claim or controversy (“Dispute“) between you and the Company arising out of or relating to your use of this Site, these Terms, the Privacy Policy, other applicable company terms or policies, and any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall be interpreted broadly. Dispute shall also include any dispute, claim, or controversy that arose before you assented to these Terms or after termination. Notwithstanding the foregoing, Dispute shall not include disputes, claims, or controversies concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Services. You or the Company may seek interim or preliminary relief from a court of competent jurisdiction as needed to protect the status quo pending completion of arbitration.

20.1 MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS

We hope that no Disputes arise between you and the Company, and we are committed to working with you to resolve any Dispute that does arise. To that end, both Parties agree that we will make a good faith effort to resolve the Dispute informally for at least sixty (60) days before proceeding in arbitration or court pursuant to this “Informal Dispute Resolution Process.” You and the Company agree to give the other notice of the Dispute, by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Notice of Dispute) or a Company representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) the initiating Party’s name, address, telephone number, and email address, and account information, if applicable; (2) a detailed description of the nature and basis of the Dispute; and (3) the specific relief sought. You must send any such Notice of Dispute to the Company by email to legal@hotel1928.com. We must send any such Notice of Dispute to you at the email address we have on file for you, if we have one; if we do not have an email address on file for you, you agree that we may attempt to reach you through other reasonable means. You and the Company agree to use their best efforts to settle any Dispute informally, for a sixty (60) day period from the date that a completed Notice of Dispute is received (or longer, if agreed by both Parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and the Company agree to participate in an effort to resolve the Dispute. Should the Company make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the Company agrees to have a representative attend this conference (with counsel, if the Company is represented).

You and the Company agree that neither Party may initiate arbitration or litigation without first attempting to resolve the Dispute informally through this Informal Dispute Resolution Process, that adhering to the Informal Dispute Resolution Process is a condition precedent to arbitration or litigation, and that this requirement can be enforced by a court of competent jurisdiction. Any applicable limitations period (including the statute of limitations) and any filing fee deadlines shall be tolled while you and the Company engage in this Informal Dispute Resolution Process.

20.2 SMALL CLAIMS COURT

Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside may be brought in that court on an individual basis. Any Dispute filed in small claims court must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.

20.3 MANDATORY ARBITRATION

The Company believes that Disputes are most effectively and efficiently resolved on an individual basis through arbitration. BOTH YOU AND THE COMPANY AGREE THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISPUTE RESOLUTION SECTION, ANY INDIVIDUALIZED DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS OR SMALL CLAIMS COURT SHALL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THIS MANDATORY ARBITRATION CLAUSE OF THE DISPUTE RESOLUTION SECTION (“MANDATORY ARBITRATION CLAUSE”).

THE PARTIES UNDERSTAND AND AGREE THAT THEY MAY NOT FILE A CLAIM AS PART OF A MASS ARBITRATION. THE ARBITRATION PROVIDER SHALL PROMPTLY REJECT OR TERMINATE ANY MASS ARBITRATION CLAIM EITHER YOU OR THE COMPANY FILES AGAINST THE OTHER. THE PARTY AGAINST WHOM THE MASS ARBITRATION WAS FILED SHALL HAVE A RIGHT TO ENFORCE THIS AGREEMENT IN A COURT OF COMPETENT JURISDICTION AND SHALL BE ENTITLED TO RECOVER THEIR ATTORNEY’S FEES AND COSTS FOR SUCH ENFORCEMENT.

As used in the Mandatory Arbitration Clause, “Mass Arbitration” is defined as twenty-five (25) or more similar claims asserted against the Company by the same or coordinated attorney(s) or law firm(s), or that are otherwise coordinated.

The arbitration shall be administered by AAA pursuant to the AAA Commercial Arbitration Rules and Mediation Procedures (“AAA Commercial Rules”), and other applicable rules, including without limitation, the AAA Consumer Arbitration Rules (“AAA Consumer Rules”), as modified by these Terms. The AAA Commercial Rules and AAA Consumer Rules are available at: adr.org. The arbitration will be heard by a single, neutral arbitrator (“Arbitrator”) selected pursuant to the AAA Rules, as modified by these Terms. If AAA is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an arbitration provider that will do so.

Arbitration will be held in the county in which you reside. If AAA is unable to administer the arbitration in the county or parish in which you reside, the arbitration shall be administered by another provider selected by agreement of the Parties or a court, consistent with these Terms.

You and the Company’s representative shall personally appear at any hearing ordered by the arbitrator (along with your and the Company’s counsel, if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not brought in small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held, and you and the Company’s representative shall personally appear (along with your and the Company’s counsel, if represented). Each party reserves the right to request a telephonic, video, or in-person hearing from the Arbitrator. The parties can agree to waive a hearing.

The party seeking to initiate arbitration must send the other party a “Demand for Arbitration” pursuant to the AAA Commercial Rules, any other applicable AAA rules,] and this Mandatory Arbitration Clause. If you are initiating arbitration, you shall serve the Demand for Arbitration on the Company by email to legal@hotel1928.com. If we are initiating arbitration against you, we will serve the Demand for Arbitration on you by email to the email address we have on file for you or to the email address you identified during the Informal Dispute Resolution Process.

By signing and serving the Notice of Intent to Arbitrate, that party (and their counsel, if represented) certifies that they have complied with (1) the Informal Dispute Resolution Process and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The Arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

You and the Company agree that arbitration is designed to be cost-effective for all parties. The arbitration fees are governed by AAA’s Commercial Arbitration Rules and Mediation Procedures Administrative Fee Schedule (“Commercial Fee Schedule”) or Consumer Arbitration Rules Costs of Arbitration (“Consumer Fee Schedule”), as applicable, as modified by these Terms. AAA’s Commercial Fee Schedule and Consumer Fee Schedule are available at adr.org. You agree that if you initiate the arbitration, you will pay your filing fee. The Company agrees to pay its filing fee. If the Company initiates the arbitration, it will pay all fees.

All issues in any Dispute are for the Arbitrator to decide, including issues related to the scope or enforceability of the Mandatory Arbitration Clause, except the following, which are for a court of competent jurisdiction to decide: (1) any issues that are specifically reserved for a court in these Terms; (2) any and all disputes arising out of or relating to the enforceability of the Mass Arbitration Sub-Clause; and (3) whether a set of claims constitute a Mass Arbitration or whether one or more claims are part of a Mass Arbitration, as defined in these Terms. The Parties understand and agree that their individualized Dispute will be decided by an Arbitrator, not a judge or jury, unless these Terms explicitly provide otherwise.

THE PARTIES UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY MAY BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND THAT THEY MAY NOT ARBITRATE ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLAIMS OR ANY CLAIMS BROUGHT ON BEHALF OF ANY OTHER PERSON OR ENTITY, UNLESS DOING SO AS A PARENT, GUARDIAN, OR WARD OF A MINOR OR IN ANOTHER SIMILAR CAPACITY FOR AN INDIVIDUAL WHO CANNOT OTHERWISE BRING THEIR OWN INDIVIDUAL CLAIM.

The Arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The Arbitrator must follow these Terms, including this Mandatory Arbitration Clause, and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim.

The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. If the claimant in a Dispute rejects a formal settlement offer or offer of judgment and prevails but does not obtain an award that is more favorable than the offer, the claimant shall be liable for costs incurred by the respondent after the offer of judgment was made.

The decision of the arbitrator shall be in writing and shall briefly set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT THEIR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEAL MAY BE LIMITED IN ARBITRATION. BOTH PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES ALSO AGREE THAT THE ARBITRATOR’S AWARD, INCLUDING ANY AMENDMENTS, OR DECISION NOT TO GRANT ANY RELIEF, SHALL BE FINAL AND BINDING, AND MAY NOT BE APPEALED, UNLESS THE PARTIES EXPRESSLY AGREE OTHERWISE IN WRITING.

Unless otherwise prohibited by law, ALL ARBITRATION PROCEEDINGS WILL BE CONFIDENTIAL AND CLOSED TO THE PUBLIC AND ANY PARTIES OTHER THAN YOU AND THE COMPANY.

YOU HAVE THE RIGHT TO OPT OUT OF THIS MANDATORY ARBITRATION CLAUSE. You may opt out of this Mandatory Arbitration Clause in its entirety by sending the Company a personally signed, written notice of your decision to opt out of those changes by email to legal@hotel1928.com within thirty (30) days of receiving notice of any version of these Terms updated on or after 1 November 2023 and include your full name and your mailing address, telephone number, and email address, a description of when and how you interacted with the Company, and a clear statement that you wish to opt out of this Mandatory Arbitration Clause. Your opt out must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. YOU AGREE THAT IF YOU EXERCISE YOUR RIGHT TO TIMELY OPT-OUT, YOU ARE REJECTING THE MANDATORY ARBITRATION CLAUSE AS A WHOLE AND MUST BRING YOUR CLAIM IN A COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH YOU RESIDE. YOU FURTHER AGREE THAT YOU WILL BE BOUND BY THE REST OF THESE TERMS. Your failure to timely opt out of this Mandatory Arbitration Clause shall constitute mutual acceptance of the terms of Mandatory Arbitration Clause by you and the Company.

20.4 MASS ARBITRATION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

YOU AND THE COMPANY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A MASS ARBITRATION AS DEFINED HEREIN, AND THAT ANY SUCH CLAIM AND/OR CLAIMS MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION.

As used in this “Mass Arbitration Sub-Clause,” the term “Mass Arbitration” is defined as twenty-five (25) or more similar claims asserted against the Company by the same or coordinated attorney(s) or law firm(s), or that are otherwise coordinated. The term “Mass Arbitration Claim” is defined as any claim between the Parties that is part of a Mass Arbitration.

The Company strongly believes that Mass Arbitration is an inefficient and ineffective way to resolve Disputes. You and the Company understand and agree that Disputes may not be resolved through Mass Arbitration under any circumstances. All Mass Arbitration Claims must be litigated in a court of competent jurisdiction. You understand and agree that if you wish to arbitrate your claim, you must select counsel, if any, who are not involved in a Mass Arbitration against the Company.

A court of competent jurisdiction shall have the authority to determine whether a set of claims constitute a Mass Arbitration or whether one or more claims constitute Mass Arbitration Claims, as defined in this Mass Arbitration Sub-Clause. The Court shall strictly construe and apply the definitions of Mass Arbitration and Mass Arbitration Claim set forth in this Mass Arbitration Sub-Clause. THE APPLICABLE STATUTE OF LIMITATIONS SHALL BE TOLLED WHILE THE COURT MAKES EITHER OR BOTH OF THESE DETERMINATIONS. You may pursue your Mass Arbitration Claim in a court of competent jurisdiction, whether or not a court has found that your claim constitutes a Mass Arbitration Claim.

IF YOU FILE A MASS ARBITRATION CLAIM, YOU SHALL BE RESPONSIBLE FOR THE COMPANY’S ATTORNEY’S FEES AND COSTS RESULTING FROM THE IMPROPER ARBITRATION. A RESPONDENT TO A MASS ARBITRATION SHALL HAVE THE RIGHT TO RECOVER ITS ATTORNEY’S FEES AND COSTS IN A COURT OF COMPETENT JURISDICTION

IF THIS MASS ARBITRATION SUB-CLAUSE IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, THE ENTIRE MANDATORY ARBITRATION CLAUSE IS UNENFORCEABLE AND YOUR CLAIM MUST BE LITIGATED IN COURT, WITHOUT REGARD TO ANY OTHER SEVERABILITY OR OTHER PROVISION OF THESE TERMS.

  1. INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site, please send an e-mail to info@hotel1928.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

  1. COPYRIGHT INFRINGEMENT CLAIMS

We respect copyright law and the intellectual property rights of others, and we expect users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. In appropriate circumstances, we will restrict access for users who are determined to be repeated copyright infringers

If you believe that your proprietary work has been copied in a way that constitutes copyright infringement by any material on the Site, please e-mail our registered agent for notification of claims of infringement pursuant to Section 512(c) of the Copyright Act by sending a notice to legal@hotel1928.com. In your notice, please provide the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;

(d) your contact information, including your address, telephone number and e-mail address;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

We reserve the right to remove materials alleged to be infringing without prior notice, at our sole discretion.

If you believe that any of your material was improperly disabled or removed from the Site, or your access was improperly disabled, please provide the following counter-notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

(a) your physical or electronic signature.

(b) a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

See 17 U.S.C. Section 512(c)(3) for further detail about the Digital Millennium Copyright Act.

Our designated copyright agent for notice of alleged copyright infringement is:

Karem Hotel Lessee LLC
Attn: Copyright Agent
429 Chestnut Street
Nashville, TN  37203

  1. MISCELLANEOUS

23.1 NO PARTNERSHIP

The Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.

23.2 RIGHTS OF THIRD PARTIES

This contract is between you and us. There are no third-party beneficiaries intended under these Terms except in respect of any term that is expressed to include our Affiliated Entities, who may seek to enforce such term(s) against you.

23.3 SEVERABILITY

If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision.

23.4 WAIVER AND ASSIGNMENT

You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under the Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No failure or delay on our part in exercising any right or remedy hereunder or enforcing the terms and conditions of the Terms will operate as a waiver thereof.

23.5 INTERPRETATION

Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in the Terms shall be construed as if followed by the phrase “without limitation.”

23.6 ENTIRE AGREEMENT

The Terms, including any terms and conditions incorporated herein, are the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

23.7 NOTICES

Notices to you (including notices of changes to the Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail.

23.8 ADMISSIBILITY

Without limitation, a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23.9 EVENTS BEYOND OUR REASONABLE CONTROL

We will not be responsible for any failure to fulfil any obligation due to any cause beyond its control. Where we are prevented by applicable, law, regulation, government order or similar requirements from fulfilling your Transaction, for example during or in connection with the COVID-19 pandemic, we will provide you (to the extent reasonably practicable) with reasonable notice in advance and, in such circumstances, we may suggest alternative dates. If you are unhappy with the amended dates, you have the right to end our contract. In such cases, you recognize that we will not be liable to you for any amount in excess of the price paid for the unfulfilled Product (or part thereof).

  1. CONTACT US

If you have any questions relating to the Terms, please contact us at: 429 Chestnut Street, Nashville, TN 37203, USA or info@hotel1928.com.

 

Acceptable Network Use Terms

Please read these Acceptable Network Use Terms (the “Terms”) before clicking “Accept the Terms” and accessing our guest Internet network (the “Guest Network”). If you do not agree to the Terms, you may not access or use the Guest Network. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

The Terms are between you and [Karem Hotel Lessee LLC], and its affiliates and subsidiaries (collectively, “Hotel 1928”, “we”, “us”, or “our”), and govern your rights and responsibilities and our rights and responsibilities relating to your access to and use of the Guest Network at Hotel 1928.

BY CLICKING ON “ACCEPT THE TERMS” ON THE SIGN-UP PAGE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY AND THESE TERMS, AND THAT YOU AGREE TO THESE TERMS.

Availability of Guest Network

Use of the Guest Network is free to our guests who accept the Terms. Hotel 1928 provides access to and use of the Guest Network at certain locations that have been equipped with wireless access points. The Guest Network may not be available or operational in all areas.

Access to Internet Content

Hotel 1928 does not screen or restrict access to any content placed on or accessible through the Internet, or communications between parties via the Internet. You acknowledge and agree that if you access the Internet, you may receive or be exposed to content, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. You agree that Hotel 1928 is not liable for any action or inaction with respect to any such content on the Internet accessible through the Guest Network. In addition, Hotel 1928 is not responsible for any content provided by third parties or licensed to Hotel 1928  for inclusion within the Intranet portion of the Guest Network.

Your Responsibilities

You must comply with local, state, and federal laws and regulations, and the acceptable uses rules set forth in these Terms. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content you make available through the Guest Network; (2) all communications that you send or receive via the Guest Network; and (3) all actions taken from your device, whether intentional or unintentional, while using the Guest Network. Hotel 1928 does not undertake to protect the security of any data or other information you send or receive through the Guest Network, which you alone have the responsibility to secure.

Hotel 1928 has the right, but not the obligation, to monitor the use of the Guest Network. We do not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Guest Network. However, we may remove, block, filter or restrict by any means any materials that, in our sole discretion, may be illegal, may subject Hotel 1928 to liability or may violate these Terms. Hotel 1928 may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of these Terms may result in the suspension or termination of access to the Guest Network and/or other actions as detailed below.

The following constitute examples of violations of the acceptable use terms and conditions. You agree to not use the Guest Network to:

  1. transmit, any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy;
  2. harm, or attempt to harm, any person in any way;
  3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Guest Network;
  4. transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  5. transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  6. transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other mass form of solicitation;
  7. transmit any material (by uploading, posting, email or otherwise) that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  9. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
  10. intentionally violate any applicable local, state, federal, or international law;
  11. “stalk” or otherwise harass another individual;
  12. resell access to or use of the Guest Network; or
  13. use the Guest Network for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Termination

You agree that Hotel 1928 may terminate these Terms and cancel your access to and use of the Guest Network at any time, without notice and for any or no reason, including, but not limited to, violation of these Terms, security, or safety reasons, and/or using the Guest Network to perform any illegal or prohibited activity. You further agree that in the event of termination, Hotel 1928 will have no liability to you.

Problems

If you experience a problem accessing or using the Guest Network, please report the problem to your nearest guest service representative.

Modifications to Terms

Hotel 1928 may, at its sole discretion and at any time, modify these Terms. Modifications of these Terms shall be binding and effective upon posting on the Guest Network’s ‘Terms and Conditions’ page. If you access or use the Guest Network after postings of any modifications, you accept and agree to any and all modifications.

Indemnification

You shall indemnify and hold harmless Hotel 1928 and its affiliates, and their respective owners, managers, members, officers, directors, partners, agents, and employees from, and, if requested, shall defend and promptly reimburse them for any all losses, claims, damages, injury, settlements, costs and liabilities of any nature arising out of, based upon, as a result, or in any way connected with your use of the Guest Network or any breach of these Terms; except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of these Terms, and except where such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of Hotel 1928 and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on you.

Disclaimers; Limitation of Liability

USE OF THE GUEST NETWORK IS AT YOUR OWN RISK. INFORMATION YOU SEND OVER THE INTERNET USING THE GUEST NETWORK MAY BE ACQUIRED BY THIRD PARTIES. VIRUSES AND OTHER MALICIOUS SOFTWARE MAY BE ON THE GUEST NETWORK, ON SITES THAT YOU VISIT ON THE INTERNET OR ON APPLICATIONS THAT YOU USE, AND WHICH MAY INFECT YOUR DEVICE. HOTEL 1928 ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY SUCH INFORMATION LOSS OR DAMAGES CAUSED BY MALICIOUS SOFTWARE OR FOR ANY OTHER DAMAGE OR LOSS TO YOU BY REASON OF YOUR HAVING USED THE GUEST NETWORK.

HOTEL 1928 PROVIDES NO WARRANTY WHATSOEVER WITH RESPECT TO USE OF THE GUEST NETWORK. THIS INCLUDES NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. HOTEL 1928 SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS FOR ANY CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF HOTEL 1928 FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE GUEST NETWORK.

Dispute Resolution and Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.

If any dispute arises in connection with the provision of our free Wi-Fi that is provided on a no-cost, as-is basis, the dispute will be resolved in accordance with the dispute resolution provisions, including mandatory arbitration, in our Terms of Use.

Entire Agreement, Applicable Law, Forum

These Terms constitute the entire agreement between you and Hotel 1928 with respect to the subjects addressed here. These Terms shall be construed under the laws of the United States and the State of Texas, including its statutes of limitations, as applicable without giving effect to the principles of conflicts of law thereof.

 

Privacy Rights Appeal Process

If you disagree with a decision we have made with respect to your personal information or a privacy right request you have submitted, you can appeal the decision by following this appeals process, which provides us with an opportunity to reevaluate the decision you are appealing.

Informal Resolution

We encourage you first to discuss relevant issues with our privacy team, who may resolve the issue so that you do not have to formally initiate the appeals process. Our privacy team will consider your perspective and seek to address your concerns in accordance with our company policies and applicable law. To contact our privacy team, please email info@hotel1928.com.

Initiating the Appeal Process

You may formally initiate the appeals process by providing written notice to info@hotel1928.com. Your email should be labeled “Notice of Appeal” and fully describe your concerns or disagreement and include any documentation necessary to validate the claims you are making.

Acknowledgement of the Appeal

We will acknowledge receipt of your appeal within ten (10) business days of receiving your written notice of appeal. This acknowledgement may contain requests for additional information to help us properly investigate or adjudicate the appeal. Your failure to provide substantive responses to our requests may materially impact our ability to investigate or adjudicate the relevant issue.

Investigation and Determination

We will reasonably investigate the appeal based on the information and documentation you have provided. Following the investigation, we will reach a determination of your appeal, which may include modifying or upholding the original decision. We will notify you of our determination in writing within sixty (60) days of receipt of your written notice of appeal, and we will include the explanation for our determination of your appeal. If we deny your appeal, you may file an appeal with the relevant regulator.

Scope of the Appeal

The appeal will review whether the decision made by the privacy team that you have appealed was fair and consistent with applicable privacy law. You may only appeal a decision that applies to you personally unless you are otherwise authorized to act on another person’s behalf, in which case you must provide evidence that you are authorized by the person on whose behalf you have submitted an appeal.

The appeal will focus exclusively on the decision being appealed. Broader issues related to our company policies, management style, or any other issues will not be considered as part of the appeal.

Remedy

The remedy that you seek is an important part of the appeal. Your initial written appeal must address what you seek as an outcome (for example, access to data, correction of data, deletion of data, etc.).

Withdrawal of the Appeal

You may withdraw or end your appeal at any time by providing us with written notice.

No Discrimination

We do not discriminate against any person who initiates an appeal.

Appeal Records

We will maintain a record of the appeal, including the final determination, in accordance with our record retention policies and procedures.